Chapter 3

The Bill of Rights (choose 2)

• the first 10 amendments to the US Constitution

• the basis for procedural safeguards of the accused

• pertains to the rights of criminals to a fair trial

• offers citizens protection from the federal government only

Due Process (choose 3)

• the law must be carried out by a method that is fair and orderly

• laws must be reasonable

• the government must stay within the boundaries of reason and law

• defines the acts that the government will punish

Choose all examples of justification criminal defenses...

• Duress

• Self-Defense

• Mistake

• Necessity

• Entrapment

The law may "excuse" a person for his/her behavior for what possible reasons?

• Insanity

• Duress

• Infancy

• Mistake

• Intoxication

Hate Crime Laws

• a person's motive for committing a crime is irrelevenat

• courts will not try to read the accused's mind

• provide for greater sanctions if the crime is motivated by bias based on race, ethnicity, religion, etc.

• Disability and age or NOT considered in hate crimes

What is a primary difference in civil law and criminal law?

• Civil law is concerned with disputes between individuals and entities and criminal law is the state prosecuting a crime that is against society as a whole.

• A civil case consists of a plaintiff and a defendent

• all law can be divided into two categories: civil law and criminal law

• Civil law is concerned with responsibility and criminal law is concerned with guilt/innocence.

What are the 2 functions of criminal law?

• to set precedent in society

• society's need to maintain and promote social values - criminal law should protect the values and norms of society (at least theh segments that hold power)

• the legal requirements of a society - to maintain social order by protecting citizens from criminal harm

• to set legal supremacy in society

What does uncodified mean?

• outside of code

• not written down

• written down

• within code

How many sources of American criminal law are there?

• 1

• 2

• 3

• 4

Constitutional law

• Law based on the US Constitution

• Law based on the constitutions of the 50 states

• Law based on both the US and state constitutions